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(영문) 의정부지방법원 2018.04.26 2018고단135
가축분뇨의관리및이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

(a) A person who reports a business of discharging foul waste in excess of the scale prescribed by Presidential Decree, in violation of the Act on the Management and Use of Livestock Excreta, shall install or alter a disposal facility;

Nevertheless, the Defendant operated a black swine farm located in Pocheon-si, and installed a compost storage facility as the livestock excreta occurred while raising pigs and chickens, and operated without installing a compost storage facility.

(b) Any person who installs facilities discharging foul waste and any person who operates facilities discharging foul waste in violation of the Act on the Management and Use of Excreta shall be prohibited from discharging livestock flowing into facilities for treatment without converting such livestock into resources or without discharging it through the final outlet, or installing facilities capable of discharging livestock halfway;

Nevertheless, Defendant 1 operated a black swine farm as described in the above A, without permission, discharged excreta generated in the course of raising pigs and chickens from April 2, 2017 to June 22, 2017, which was the date of control, to C, where rubber pipelines connected to the storage of rubber pipes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a certificate of report on the installation of excreta-generating facilities;

1. Article 50 subparagraph 5 of the relevant Act and Article 17 subparagraph 2 of the Act on the Management and Use of Excreta (the occupation of discharging excreta without permission, the selection of fines), Article 50 subparagraph 8 of the same Article, and Article 12 subparagraph 1 of the same Act (the occupation of breach of duty to install disposal facilities, the selection of fines) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and

2. Determination of sentence: A fine of five million won shall be imposed for the following circumstances and others.

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